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Henry J. Stern
June 26, 2007
When Andrew Cuomo was elected Attorney General last November, many reformers
were distressed. In his last significant job, Secretary of Housing
and Urban Development, he was widely criticized for favoritism and self-promotion.
That is why it is such a pleasant surprise to report that, in his first six
months as Attorney General of New York State, Cuomo has earned considerable
praise for his appointments, the cases he has brought, and his restraint
in seeking public attention.
While attention has focused on Governor Spitzer and his difficulties with
the legislature,
Cuomo has been building a staff of competent prosecutors, not politically-connected
lawyers. They are introduced to the public in a page one article in
today’s New York
Sun, which jumps to three columns on page two. The best line, possibly
apocryphal, has an assistant telling Cuomo, “You are what you sue”, and the
AG later replying “It’s not you are what you sue. You are what you
solve.”
Since we believe Rule 20-E, “Everything is personal.” We look for an explanation
of the AG’s work in his prior career. We don’t look too closely because
there is no point in rehashing prior acts and omissions when you are praising
someone for starting to do a really good job, and distinguishing himself
as a public official. Suffice it to say that at some point in life,
and Andrew will be 50 on December 6, you realize that you will be judged
by your own work, and that it is time to make your own record.
One can also see Governor Cuomo’s assiduous work to round up Democratic
support for Andrew as the last installment on his trust fund. There
is nothing wrong with that, if it is all right to finance your son’s campaign,
as Bernard Spitzer did, there is nothing wrong with using your good name
and influence on his behalf, as Mario Cuomo did. And don’t forget former
Senator and Secretary of State (of New York) Basil Paterson, whose son David
is now Lieutenant Governor. The only state official without a pedigree
is Comptroller Tom DiNapoli, formerly “thoroughly and totally unqualified”
in the opinion of Governor Spitzer, now “Tom’s doing fine,” in a story by
Adam Lisberg on p27 of today’s Daily News: ELIOT CALLS CONTROLLER (sic) DiNAPOLI
TOM TERRIFIC.
We digress¨ In January 1934, under Col. Robert R. McCormick, whose great-uncle
was Cyrus McCormick, who invented the reaper, the Daily News used simplified
spelling, like thru for through, thoro for thorough, hocky for hockey, and
other shorter forms. Some caught on, others did not. The custom has
gradually been dropped, lingering only in a few words, like Controller for
Comptroller, the official title for both the city and state chief financial
officer.
Back to State government: Contrary to what some may believe, we are happy
when we can report good news and praise public officials for doing their
jobs well. So we are
Pleased that Comptroller DiNapoli and Attorney General Cuomo are off to a
good start.
The difficulty will come in resisting the pressures that will be placed on
you: as Comptroller, to approve budgets that are financially irresponsible
and to give underwriting assignments to banks and lawyers who are contributors
or cronies.
You have one major benefactor, Speaker Sheldon Silver. Reward him with
affection and respect, not with jobs and contracts.
As for the Attorney General, you will face requests both to accelerate and
to abort investigations. People of lesser merit will be sent to you
seeking positions. The most difficult thing to do is to make judgments
as to what matters should be pursued.
Is a particular practice normal business, subnormal but acceptable business,
or fraud that should be prosecuted? Do not intimidate companies,
depressing their stock, to show them how powerful you are or to frighten
them into making unfair settlements.. At the same time, go after wrongdoers
with minimal regard to the collateral damage your activities may cause.
So far you have been restrained in your use of the media. Give others
on your staff the opportunity to become known for their good work.
Your powerful office is a great public trust. Do not become preoccupied
with running for Governor. If you do an excellent job as AG, your future
will require minimal assistance.
Note that we have not written about the Three Men in a Room today.
Enjoy the respite.
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